senate Bill S717

2011-2012 Legislative Session

Relates to redistricting the senate, assembly and congressional districts of NYS; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Jan 14, 2011 to attorney-general for opinion
Jan 05, 2011 referred to judiciary

S717 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Rpld Art 3 §§3, 4, 5 & 5-a, add §§3, 4, 4-a & 5, Constn
Versions Introduced in 2009-2010 Legislative Session:
A6776, S6240

S717 - Bill Texts

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Relates to redistricting the senate, assembly and congressional districts of NYS.

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BILL NUMBER:S717

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to the constitution, in relation to the
establishment of state legislative and congressional districts and
repealing sections 3, 4, 5 and 5-a of article 3 of the
constitution relating thereto

PURPOSE OF BILL:
To ensure that legislative districts are determined without political
motivation.

SUMMARY OF SPECIFIC PROVISIONS:
The bill creates a non partisan commission to draw legislative
districts based on population equality, continuity, unity of counties
and cities, and. compactness. The commission will submit its proposal
to the legislature which will either accept or reject the proposal
but may make no substantive changes. If rejected the legislature must
explain why and then the commission will resubmit a new plan for
reapportionment. If a fourth proposal is required, only then will the
plan be subject to amendment in the same manner as other bills.

JUSTIFICATION:
New York State needs comprehensive reform that will take the politics
out of the redistricting process once and for all. This bill is based
upon the Iowa process enacted in 1980, the nonpartisan Legislative
Services Bureau develops up to three plans that can be either
accepted or rejected by the legislature. The Iowa Legislature has
been generally quick to enact the Bureau's plans. The four criteria
used, in descending ordering of importance, are population equality,
contiguity, unity of counties and cities, and compactness. Iowa state
law specifically forbids the use of political affiliation, previous
election results, the addresses of incumbents, or any demographic
information other than population in creating the redistricting
proposals. This bill is based on the Iowa process's proven
effectiveness.

LEGISLATIVE HISTORY:
2009 - 2010 Referred to Judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening
after the next succeeding general election of members of the
assembly, and, in conformity with section 1 of article 19 of the
constitution, be published for 3 months previous to the time of
such election.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   717

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to the constitution, in relation to the  establish-
  ment  of  state  legislative and congressional districts and repealing
  sections 3, 4, 5 and 5-a of article 3  of  the  constitution  relating
  thereto

  Section  1.  RESOLVED  (if the Assembly concur), That sections 3, 4, 5
and 5-a of article 3 of  the  constitution  be  REPEALED  and  four  new
sections 3, 4, 4-a and 5 are added to read as follows:
  S 3. A. THERE SHALL BE A DISTRICTING COMMISSION TO DRAW SENATE, ASSEM-
BLY  AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE OF NEW YORK MAY
BE FAIRLY REPRESENTED. THE DISTRICTING COMMISSION SHALL CONSIST OF  FIVE
MEMBERS. EACH MEMBER OF THE DISTRICTING COMMISSION SHALL BE A REGISTERED
VOTER  IN  THE STATE OF NEW YORK, AND, AT THE TIME OF APPOINTMENT, SHALL
HAVE BEEN A RESIDENT OF THE STATE OF NEW YORK FOR FIVE YEARS.  NO MEMBER
OF THE DISTRICTING COMMISSION SHALL BE, OR SHALL HAVE BEEN  (1)  IN  THE
TWO  YEARS  PRIOR  TO APPOINTMENT, A MEMBER OR EMPLOYEE OF CONGRESS, THE
SENATE OR ASSEMBLY OR A POLITICAL PARTY CHAIR; (2) A HOLDER OF  PARTISAN
PUBLIC  OFFICE  OR POLITICAL PUBLIC OFFICE; (3) A RELATIVE OF ANY PERSON
SET FORTH IN CLAUSE (1) OR (2) TO THE THIRD DEGREE OF CONSANGUINITY;  OR
(4)  A  SPOUSE  OF  ANY  PERSON SET FORTH IN CLAUSE (1), (2) OR (3).  NO
MEMBER OF THE DISTRICTING COMMISSION SHALL BE A LOBBYIST AT THE TIME  OF
HIS  OR  HER  MEMBERSHIP.    THE  TEMPORARY PRESIDENT OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE SPEAKER  OF  THE  ASSEMBLY,  AND  THE
MINORITY  LEADER  OF  THE  ASSEMBLY SHALL EACH APPOINT ONE MEMBER OF THE
DISTRICTING COMMISSION  AND  THE  FOUR  NEWLY  APPOINTED  MEMBERS  SHALL
APPOINT  A  FIFTH  MEMBER TO BE THE CHAIRMAN OF THE COMMISSION, AND MUST
HAVE THE USE OF THREE OUT OF FOUR MEMBERS.  IF A SEAT ON THE  COMMISSION
SHALL FALL VACANT, A REPLACEMENT SHALL BE SELECTED IN THE SAME MANNER BY
WHICH  THE MEMBER WHO PREVIOUSLY FILLED THE SEAT WAS SELECTED.  APPOINT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89028-01-1

S. 717                              2

ING AUTHORITIES SHALL GIVE DUE CONSIDERATION TO REFLECTING THE GEOGRAPH-
IC, ETHNIC, AND RACIAL DIVERSITY OF THE STATE  IN  APPOINTMENTS  TO  THE
COMMISSION. INITIAL APPOINTMENTS TO THE COMMISSION SHALL BE MADE AS SOON
AS  PRACTICABLE  FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION.  EACH
MEMBER OF THE COMMISSION SHALL HAVE A TERM OF TEN YEARS EXCEPT THAT  THE
TERMS  OF  ALL  MEMBERS SHALL TERMINATE ON THE FIRST DAY OF APRIL OF THE
YEAR PRECEDING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS  TAKEN.
THE  MEMBERS  SHALL  BE  REMOVABLE  ONLY  FOR  CAUSE, INCLUDING CRIMINAL
CONVICTION OR SERIOUS MISCONDUCT RELATED TO HIS OR HER OFFICIAL  DUTIES,
IN  AN  ACTION  BROUGHT BY THE ATTORNEY GENERAL, OVER WHICH THE COURT OF
APPEALS SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION.
  B. SENATE AND ASSEMBLY DISTRICTS SHALL BE ESTABLISHED ON THE BASIS  OF
POPULATION.    SENATE  AND  ASSEMBLY DISTRICTS, RESPECTIVELY, SHALL EACH
HAVE A POPULATION AS NEARLY EQUAL AS PRACTICABLE TO THE IDEAL POPULATION
FOR SUCH DISTRICTS, DETERMINED BY DIVIDING THE NUMBER OF DISTRICTS TO BE
ESTABLISHED INTO THE POPULATION OF THE STATE  REPORTED  IN  THE  FEDERAL
DECENNIAL CENSUS. SENATE DISTRICTS AND ASSEMBLY DISTRICTS SHALL NOT VARY
IN  POPULATION  FROM THE RESPECTIVE IDEAL DISTRICT POPULATIONS EXCEPT AS
NECESSARY TO COMPLY WITH ONE OF THE OTHER STANDARDS ENUMERATED  IN  THIS
SECTION.  IN  NO CASE SHALL THE QUOTIENT, OBTAINED BY DIVIDING THE TOTAL
OF THE ABSOLUTE VALUES OF THE DEVIATIONS  OF  ALL  DISTRICT  POPULATIONS
FROM THE APPLICABLE IDEAL DISTRICT POPULATION BY THE NUMBER OF DISTRICTS
ESTABLISHED,  EXCEED  ONE PERCENT OF THE APPLICABLE IDEAL DISTRICT POPU-
LATION. NO SENATE DISTRICT SHALL HAVE A POPULATION WHICH EXCEEDS THAT OF
ANY OTHER SENATE DISTRICT BY MORE THAN FIVE  PERCENT,  AND  NO  ASSEMBLY
DISTRICT  SHALL HAVE A POPULATION WHICH EXCEEDS THAT OF ANY OTHER ASSEM-
BLY DISTRICT BY MORE THAN FIVE PERCENT.
  C. TO THE EXTENT  CONSISTENT  WITH  SUBDIVISION  B  OF  THIS  SECTION,
DISTRICT  BOUNDARIES  SHALL  COINCIDE  WITH  THE BOUNDARIES OF POLITICAL
SUBDIVISIONS OF THE STATE.  THE NUMBER OF COUNTIES  AND  CITIES  DIVIDED
AMONG  MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE.  WHEN THERE
IS A CHOICE BETWEEN DIVIDING  LOCAL  POLITICAL  SUBDIVISIONS,  THE  MORE
POPULOUS  SUBDIVISIONS  SHALL  BE  DIVIDED BEFORE THE LESS POPULOUS, BUT
THIS STATEMENT DOES NOT APPLY TO A SENATE OR ASSEMBLY DISTRICT  BOUNDARY
DRAWN  ALONG A COUNTY LINE WHICH PASSES THROUGH A CITY THAT LIES IN MORE
THAN ONE COUNTY.
  D. DISTRICTS SHALL BE COMPOSED  OF  CONVENIENT  CONTIGUOUS  TERRITORY.
AREAS WHICH MEET ONLY AT THE POINTS OF ADJOINING CORNERS ARE NOT CONTIG-
UOUS.
  E.  DISTRICTS  SHALL  BE  REASONABLY  COMPACT  IN  FORM, TO THE EXTENT
CONSISTENT WITH THE STANDARDS ESTABLISHED BY SUBDIVISIONS B, C, AND D OF
THIS SECTION. IN GENERAL, REASONABLY COMPACT DISTRICTS ARE  THOSE  WHICH
ARE  SQUARE,  RECTANGULAR,  OR  HEXAGONAL  IN SHAPE, AND NOT IRREGULARLY
SHAPED, TO THE EXTENT PERMITTED BY NATURAL OR POLITICAL  BOUNDARIES.  IF
IT  IS  NECESSARY  TO  COMPARE  THE  RELATIVE COMPACTNESS OF TWO OR MORE
DISTRICTS, OR OF TWO OR MORE ALTERNATIVE DISTRICTING  PLANS,  THE  TESTS
PRESCRIBED BY THIS SUBDIVISION AND SECTION FIVE OF THIS ARTICLE SHALL BE
USED.
  1. LENGTH-WIDTH COMPACTNESS. THE COMPACTNESS OF A DISTRICT IS GREATEST
WHEN THE LENGTH OF THE DISTRICT AND THE WIDTH OF THE DISTRICT ARE EQUAL.
THE  MEASURE  OF  A  DISTRICT'S COMPACTNESS IS THE ABSOLUTE VALUE OF THE
DIFFERENCE BETWEEN THE LENGTH AND THE WIDTH OF THE DISTRICT. IN GENERAL,
THE LENGTH-WIDTH COMPACTNESS OF A DISTRICT IS  CALCULATED  BY  MEASURING
THE DISTANCE FROM THE NORTHERNMOST POINT OR PORTION OF THE BOUNDARY OF A
DISTRICT  TO  THE  SOUTHERNMOST  POINT OR PORTION OF THE BOUNDARY OF THE
SAME DISTRICT AND THE DISTANCE FROM THE WESTERNMOST POINT OR PORTION  OF

S. 717                              3

THE  BOUNDARY OF THE DISTRICT TO THE EASTERNMOST POINT OR PORTION OF THE
BOUNDARY OF THE SAME DISTRICT. THE ABSOLUTE VALUES COMPUTED FOR INDIVID-
UAL DISTRICTS UNDER THIS PARAGRAPH MAY BE CUMULATED FOR ALL DISTRICTS IN
A PLAN IN ORDER TO COMPARE THE OVERALL COMPACTNESS OF TWO OR MORE ALTER-
NATIVE DISTRICTING PLANS FOR THE STATE, OR FOR A PORTION OF THE STATE.
  2.  PERIMETER  COMPACTNESS.  THE COMPACTNESS OF A DISTRICT IS GREATEST
WHEN THE DISTANCE  NEEDED  TO  TRAVERSE  THE  PERIMETER  BOUNDARY  OF  A
DISTRICT  IS AS SHORT AS POSSIBLE. THE TOTAL PERIMETER DISTANCE COMPUTED
FOR INDIVIDUAL DISTRICTS UNDER THIS PARAGRAPH MAY BE CUMULATED  FOR  ALL
DISTRICTS  IN  A PLAN IN ORDER TO COMPARE THE OVERALL COMPACTNESS OF TWO
OR MORE ALTERNATIVE DISTRICTING PLANS FOR THE STATE, OR FOR A PORTION OF
THE STATE.
  F. NO DISTRICT SHALL BE DRAWN FOR THE PURPOSE OF FAVORING A  POLITICAL
PARTY,  INCUMBENT  LEGISLATOR  OR MEMBER OF CONGRESS, OR OTHER PERSON OR
GROUP, OR FOR THE PURPOSE OF AUGMENTING OR DILUTING THE VOTING  STRENGTH
OF  A  LANGUAGE  OR RACIAL MINORITY GROUP. IN ESTABLISHING DISTRICTS, NO
USE SHALL BE MADE OF ANY OF THE FOLLOWING DATA:
  1. ADDRESSES OF INCUMBENT LEGISLATORS OR MEMBERS OF CONGRESS.
  2. POLITICAL AFFILIATIONS OF REGISTERED VOTERS.
  3. PREVIOUS ELECTION RESULTS.
  4. DEMOGRAPHIC INFORMATION, OTHER THAN POPULATION HEAD COUNTS,  EXCEPT
AS REQUIRED BY THE CONSTITUTION AND THE LAWS OF THE UNITED STATES.
  G. IN ORDER TO MINIMIZE ELECTORAL CONFUSION AND TO FACILITATE COMMUNI-
CATION WITHIN STATE SENATE AND ASSEMBLY DISTRICTS, EACH PLAN DRAWN UNDER
THIS  SECTION  SHALL  PROVIDE  THAT  EACH  ASSEMBLY  DISTRICT  IS WHOLLY
INCLUDED WITHIN A SINGLE SENATE DISTRICT AND THAT, SO FAR  AS  POSSIBLE,
EACH ASSEMBLY AND EACH SENATE DISTRICT SHALL BE INCLUDED WITHIN A SINGLE
CONGRESSIONAL  DISTRICT.  HOWEVER, THE STANDARDS ESTABLISHED BY SUBDIVI-
SIONS B THROUGH F OF THIS SECTION SHALL TAKE PRECEDENCE WHERE A CONFLICT
ARISES BETWEEN THESE STANDARDS AND THE REQUIREMENT, SO FAR AS  POSSIBLE,
OF INCLUDING A SENATE OR ASSEMBLY DISTRICT WITHIN A SINGLE CONGRESSIONAL
DISTRICT.
  H.  EACH  BILL EMBODYING A PLAN DRAWN UNDER THIS SECTION SHALL PROVIDE
THAT ANY VACANCY IN THE SENATE OR ASSEMBLY WHICH  TAKES  OFFICE  IN  THE
YEAR ENDING IN ONE, OCCURRING AT A TIME WHICH MAKES IT NECESSARY TO FILL
THE  VACANCY  AT  A  SPECIAL  ELECTION,  SHALL  BE  FILLED FROM THE SAME
DISTRICT WHICH ELECTED THE SENATOR OR MEMBER OF ASSEMBLY WHOSE  SEAT  IS
VACANT.
  S  4.  THE  SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS SHALL, AT THE
SUIT OF ANY CITIZEN, BE SUBJECT TO REVIEW BY THE COURT OF APPEALS, WHICH
SHALL HAVE ORIGINAL AND EXCLUSIVE JURISDICTION OVER ANY SUCH  SUIT;  AND
SAID  COURT  SHALL  GIVE  PRECEDENCE  THERETO  OVER ALL OTHER CAUSES AND
PROCEEDINGS, AND IF SAID COURT  BE  NOT  IN  SESSION  IT  SHALL  CONVENE
PROMPTLY  FOR  THE  DISPOSITION  OF THE SAME. THE COURT OF APPEALS SHALL
HAVE AUTHORITY TO APPOINT REFEREES, TO ENGAGE THE ASSISTANCE OF EXPERTS,
AND TO COMPEL THE ASSISTANCE  OF  THE  DISTRICTING  COMMISSION  AND  ITS
STAFF,  AS  IT  MAY  DEEM NECESSARY TO THE DISPOSITION OF A SUIT BROUGHT
UNDER THIS SECTION. IF THE DISTRICTING COMMISSION SHALL FAIL  TO  ESTAB-
LISH  SENATE,  ASSEMBLY  OR  CONGRESSIONAL  DISTRICTS BY THE LAST DAY OF
JANUARY OF THE SECOND YEAR FOLLOWING  THE  YEAR  IN  WHICH  THE  FEDERAL
DECENNIAL  CENSUS  IS TAKEN, OR IF THE COURT OF APPEALS FINDS THE ESTAB-
LISHMENT OR ALTERATION OF ANY SUCH DISTRICTS TO VIOLATE ANY PROVISION OF
THIS ARTICLE, OR OF THE CONSTITUTION AND LAWS OF THE UNITED STATES,  THE
COURT  SHALL  ORDER  THE  COMMISSION TO ESTABLISH SUCH DISTRICTS OR MAKE
SUCH ALTERATIONS AS NECESSARY TO PROVIDE A REMEDY, WITHIN SUCH  TIME  AS

S. 717                              4

THE  COURT MAY REQUIRE, OR SHALL ITSELF ESTABLISH SUCH DISTRICTS OR MAKE
SUCH ALTERATIONS AS THE COURT DEEMS NECESSARY.
  S  4-A.  A. (1) NOT LATER THAN APRIL FIRST OF EACH YEAR ENDING IN ONE,
THE LEGISLATIVE SERVICES AGENCY SHALL DELIVER TO THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY IDENTICAL BILLS  EMBODYING
A  PLAN OF SENATE AND ASSEMBLY AND CONGRESSIONAL DISTRICTING PREPARED IN
ACCORDANCE WITH SECTION THREE OF THIS ARTICLE.  IT IS THE INTENT OF THIS
SECTION THAT THE LEGISLATURE SHALL BRING THE BILL TO A  VOTE  IN  EITHER
THE  SENATE  OR THE ASSEMBLY EXPEDITIOUSLY, BUT NOT LESS THAN THREE DAYS
AFTER THE REPORT OF THE COMMISSION REQUIRED BY  SECTION  THREE  OF  THIS
ARTICLE  IS RECEIVED AND MADE AVAILABLE TO THE MEMBERS OF THE SENATE AND
ASSEMBLY, UNDER A PROCEDURE OR  RULE  PERMITTING  NO  AMENDMENTS  EXCEPT
THOSE  OF  A  PURELY CORRECTIVE NATURE. IT IS FURTHER THE INTENT OF THIS
SECTION THAT IF THE BILL IS APPROVED BY THE FIRST HOUSE IN WHICH  IT  IS
CONSIDERED,  IT  SHALL  EXPEDITIOUSLY BE BROUGHT TO A VOTE IN THE SECOND
HOUSE UNDER A SIMILAR PROCEDURE OR RULE. IF THE BILL EMBODYING THE  PLAN
SUBMITTED  BY  THE  NEW YORK STATE LEGISLATIVE TASK FORCE ON DEMOGRAPHIC
RESEARCH AND REAPPORTIONMENT UNDER THIS SECTION FAILS TO BE APPROVED  BY
A  CONSTITUTIONAL  MAJORITY  IN  EITHER  THE SENATE OR THE ASSEMBLY, THE
TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY, AS THE
CASE MAY BE, SHALL AT ONCE, BUT IN NO EVENT LATER THAN SEVEN DAYS  AFTER
THE  DATE THE BILL FAILED TO BE APPROVED, TRANSMIT TO THE NEW YORK STATE
TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT INFORMATION WHICH
THE SENATE OR ASSEMBLY MAY DIRECT BY RESOLUTION  REGARDING  REASONS  WHY
THE PLAN WAS NOT APPROVED.
  (2)  HOWEVER, IF THE POPULATION DATA FOR LEGISLATIVE DISTRICTING WHICH
THE UNITED STATES CENSUS BUREAU IS REQUIRED TO PROVIDE THIS STATE  UNDER
PUB.  L.  NO. 94-171 AND, IF USED BY THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH  AND  REAPPORTIONMENT,  THE  CORRESPONDING
TOPOLOGICALLY  INTEGRATED  GEOGRAPHIC ENCODING AND REFERENCING DATA FILE
FOR THAT POPULATION DATA ARE NOT AVAILABLE TO THE NEW YORK STATE  LEGIS-
LATIVE  TASK  FORCE  ON  DEMOGRAPHIC  RESEARCH AND REAPPORTIONMENT ON OR
BEFORE FEBRUARY FIFTEENTH OF THE YEAR ENDING IN ONE, THE DATES SET FORTH
IN THIS SECTION SHALL BE EXTENDED BY A  NUMBER  OF  DAYS  EQUAL  TO  THE
NUMBER  OF  DAYS AFTER FEBRUARY FIFTEENTH OF THE YEAR ENDING IN ONE THAT
THE FEDERAL CENSUS POPULATION  DATA  AND  THE  TOPOLOGICALLY  INTEGRATED
GEOGRAPHIC  ENCODING AND REFERENCING DATA FILE FOR LEGISLATIVE DISTRICT-
ING BECOME AVAILABLE.
  B. IF THE BILL EMBODYING THE PLAN SUBMITTED  BY  THE  NEW  YORK  STATE
LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER
PARAGRAPH  ONE OF SUBDIVISION A OF THIS SECTION FAILS TO BE ENACTED, THE
NEW YORK STATE LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND  REAP-
PORTIONMENT  SHALL  PREPARE  A  BILL  EMBODYING A SECOND PLAN OF SENATE,
ASSEMBLY AND CONGRESSIONAL DISTRICTING. THE BILL SHALL  BE  PREPARED  IN
ACCORDANCE  WITH  SECTION  THREE  OF THIS ARTICLE, AND, INSOFAR AS IT IS
POSSIBLE TO DO SO WITHIN THE REQUIREMENTS OF SUCH  SECTION  THREE,  WITH
THE REASONS CITED BY THE SENATE OR ASSEMBLY BY RESOLUTION, OR THE GOVER-
NOR  BY  VETO  MESSAGE, FOR THE FAILURE TO APPROVE THE PLAN. IF A SECOND
PLAN IS REQUIRED UNDER THIS SUBDIVISION, THE BILL EMBODYING IT SHALL  BE
DELIVERED  TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY NOT LATER THAN THIRTY-FIVE DAYS AFTER THE DATE OF THE  VOTE
BY  WHICH THE SENATE OR THE ASSEMBLY FAILS TO APPROVE THE BILL SUBMITTED
UNDER SUBDIVISION A OF THIS SECTION, OR THE DATE THE GOVERNOR VETOES  OR
FAILS  TO  APPROVE  THE  BILL. IF IT IS NECESSARY TO SUBMIT A BILL UNDER
THIS SUBDIVISION, THE BILL SHALL BE BROUGHT TO  A  VOTE  NOT  LESS  THAN
SEVEN DAYS AFTER THE BILL IS SUBMITTED AND MADE AVAILABLE TO THE MEMBERS

S. 717                              5

OF  THE  SENATE  AND  ASSEMBLY,  UNDER A PROCEDURE OR RULE PERMITTING NO
AMENDMENTS EXCEPT THOSE OF A PURELY CORRECTIVE NATURE. IT IS FURTHER THE
INTENT OF THIS SECTION THAT IF THE BILL IS APPROVED BY THE  FIRST  HOUSE
IN  WHICH  IT IS CONSIDERED, IT SHALL EXPEDITIOUSLY BE BROUGHT TO A VOTE
IN THE SECOND HOUSE UNDER A SIMILAR  PROCEDURE  OR  RULE.  IF  THE  BILL
EMBODYING  THE  PLAN  SUBMITTED  BY  THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER THIS SUBDIVISION
FAILS TO BE APPROVED BY A CONSTITUTIONAL MAJORITY IN EITHER  THE  SENATE
OR THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER OF THE
ASSEMBLY,  AS  THE  CASE  MAY  BE,  SHALL TRANSMIT TO THE NEW YORK STATE
LEGISLATIVE TASK  FORCE  ON  DEMOGRAPHIC  RESEARCH  AND  REAPPORTIONMENT
INFORMATION  WHICH  THE  SENATE  OR  ASSEMBLY  MAY  DIRECT BY RESOLUTION
REGARDING REASONS WHY THE PLAN WAS NOT APPROVED IN THE  SAME  MANNER  AS
DESCRIBED IN SUBDIVISION A OF THIS SECTION.
  C.  IF  THE  BILL  EMBODYING  THE PLAN SUBMITTED BY THE NEW YORK STATE
LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER
SUBDIVISION B OF THIS SECTION FAILS TO BE ENACTED, THE SAME PROCEDURE AS
PRESCRIBED BY SUBDIVISION B OF THIS SECTION  SHALL  BE  FOLLOWED.  IF  A
THIRD  PLAN  IS  REQUIRED  UNDER THIS SUBDIVISION, THE BILL EMBODYING IT
SHALL BE DELIVERED TO THE TEMPORARY PRESIDENT  OF  THE  SENATE  AND  THE
SPEAKER  OF  THE ASSEMBLY NOT LATER THAN THIRTY-FIVE DAYS AFTER THE DATE
OF THE VOTE BY WHICH THE SENATE OR ASSEMBLY FAILS TO  APPROVE  THE  BILL
SUBMITTED  UNDER SUBDIVISION B OF THIS SECTION, OR THE DATE THE GOVERNOR
VETOES OR FAILS TO APPROVE THE BILL. THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT SHALL  SUBMIT  A  BILL
UNDER THIS SUBDIVISION SUFFICIENTLY IN ADVANCE OF SEPTEMBER FIRST OF THE
YEAR  ENDING  IN  ONE  TO PERMIT THE SENATE AND ASSEMBLY TO CONSIDER THE
PLAN PRIOR TO THAT DATE. IF IT IS NECESSARY TO SUBMIT A BILL UNDER  THIS
SUBDIVISION,  THE  BILL  SHALL BE BROUGHT TO A VOTE WITHIN THE SAME TIME
PERIOD AFTER ITS DELIVERY TO THE TEMPORARY PRESIDENT OF THE  SENATE  AND
THE  SPEAKER  OF  THE  ASSEMBLY  AS IS PRESCRIBED FOR THE BILL SUBMITTED
UNDER SUBDIVISION B OF THIS SECTION BUT SHALL BE SUBJECT TO AMENDMENT IN
THE SAME MANNER AS OTHER BILLS.
  S 5. CONGRESSIONAL DISTRICTS SHALL BE  ESTABLISHED  ON  THE  BASIS  OF
POPULATION.  A.  ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN
POPULATION AS IS PRACTICABLE TO THE IDEAL DISTRICT  POPULATION,  DERIVED
IN SUBDIVISION B OF SECTION THREE OF THIS ARTICLE.
  B.  NO  CONGRESSIONAL DISTRICT SHALL HAVE A POPULATION WHICH VARIES BY
MORE THAN ONE PERCENT FROM THE APPLICABLE IDEAL DISTRICT POPULATION.
  S 2. RESOLVED (if the Assembly concur), That the foregoing  amendments
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

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